Title IX

Upon actual knowledge of Title IX sexual harassment, the Title IX Coordinator 

must respond promptly in a manner that is not deliberately indifferent. The 

District will be deemed to be deliberately indifferent only if its response to sexual 

harassment is clearly unreasonable in light of the known circumstances. 

If the Title IX Coordinator receives a report of sexual harassment and the 

Complainant does not file a Formal Complaint, the Title IX Coordinator must 

evaluate the information and determine whether to sign and file a Formal 

Complaint. If the Title IX Coordinator determines not to sign and file a Formal 

Complaint, the Title IX Coordinator must address the allegations in a manner 

that is not deliberately indifferent. 

Upon receipt of a report of sexual harassment, the Title IX Coordinator must 

promptly contact the Complainant to discuss the availability of supportive 

measures, consider the Complainant’s wishes with respect to supportive 

measures, inform the Complainant of the availability of supportive measures 

with or without the filing of a Formal Complaint, and explain to the Complainant 

the process for filing a Formal Complaint. 

Upon the receipt of a Formal Complaint, the District must follow the Grievance 

Process in Section F of this Policy. A Formal Complaint may be submitted using 

a designated Title IX Sexual Harassment Formal Complaint Form. 

The District will treat the Complainant and Respondent equitably throughout 

the Grievance Process, which may include offering supportive measures as 

described in Subsection E(6) of this Policy. 

The Title IX Coordinator will document all sexual harassment reports and all 

incidents of sexual harassment that the Title IX Coordinator receives or 

personally observes. 

The District will retain this documentation in accordance with applicable record 

retention requirements in Section N of this Policy. 

After receiving a report of Title IX sexual harassment, the Title IX Coordinator 

must promptly contact the Complainant to discuss the availability of supportive 

measures, with or without the filing of a Formal Complaint. If the District does 

not provide a Complainant with supportive measures, then the Title IX 

Coordinator must document the reasons why such a response was not clearly 

unreasonable in light of the known circumstances. 

The District may provide, as appropriate, non-disciplinary, non-punitive 

individualized services to the Complainant or Respondent before or after the 

filing of a Formal Complaint or when no Formal Complaint has been filed. 

Supportive measures should be designed to restore or preserve equal access 

to the District’s education program or activity without unreasonably burdening 

the other party. 

Supportive measures are offered without charge and are designed to protect 

the safety of all parties or the District’s educational environment, or deter sexual 

harassment. 

Supportive measures may include, but are not limited to: 

All supportive measures must be kept confidential, to the extent that 

maintaining such confidentiality would not impair the District’s ability to provide the supportive measures. 

1. a. Emergency Removal (Student) 

The District may only remove a student Respondent from a District program 

or activity if, following an individualized safety and risk analysis, the District 

determines that there is an immediate threat to the physical health or safety 

of any student or other person arising from the sexual harassment 

allegations. The District must provide the Respondent with notice and an 

opportunity to immediately challenge the removal decision. This provision 

may not be construed to modify any rights under the Individuals with 

Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or 

the Americans with Disabilities Act. 

1. b. Administrative Leave (Employee) 

The District may place an employee Respondent on non-disciplinary 

administrative leave during the pendency of the Grievance Process. This 

provision may not be construed to modify any rights under Section 504 of 

the Rehabilitation Act of 1973 or the Americans with Disabilities Act. 

In appropriate circumstances, a District employee will notify law enforcement 

or Child Protective Services, consistent with Policies 4202, 5201, and 5701. 

The District will attempt to comply with all law enforcement requests for 

cooperation with related law enforcement activity. In some circumstances, 

compliance with law enforcement requests may require the District to briefly 

suspend or delay its investigation. If an investigation is delayed, the District will 

notify the parties in writing of the delay and the reasons for the delay. 

If the District’s investigation is suspended or delayed, supportive measures will 

continue during the suspension or delay. If the law enforcement agency does 

not notify the District within 10 days that the District’s investigation may resume, 

the District will notify the law enforcement agency that the District intends to 

promptly resume its investigation. 

The Grievance Process begins when a Formal Complaint is filed or when the

Title IX Coordinator signs a Formal Complaint and concludes the date the

parties receive the Appeals Officer’s written decision or the date on which an

appeal is no longer timely. The District will endeavor to complete the Grievance

Process within 90-120 days, absent extenuating circumstances or delays as

described below. The District will treat both the Complainant and the

Respondent equitably throughout the Grievance Process.

Neither the Title IX Coordinator, the Decision-Maker, the Investigator, Appeals

Officer, nor any person designated to facilitate an informal resolution process

will have a conflict of interest or bias for or against Complainants or

Respondents generally or for or against an individual Complainant or

Respondent.

The Grievance Process requires an objective evaluation of all relevant

evidence – including both inculpatory and exculpatory evidence. Credibility

determinations may not be based on a person’s status as a Complainant,

Respondent, or witness.

Throughout the Grievance Process, there is a presumption that the

Respondent is not responsible for the alleged conduct unless, in the

determination of responsibility, the Decision-Maker finds the Respondent

responsible for the alleged conduct.

At any point, the Title IX Coordinator, Investigator, Decision-Maker, or Appeals

Officer may temporarily delay the Grievance Process or permit a limited

extension of time frames for good cause. Good cause may include, but is not

limited to, absence of a party, party’s advisor, or witness; concurrent law

enforcement activity; or the need for accommodations (e.g., language

assistance or accommodation of disabilities). If there is a delay or extension,

the parties will receive written notice of the delay or extension and the reasons

for the action.

Any disciplinary action resulting from the Grievance Process will be issued in

accordance with District Policy, as applicable, and any applicable codes of

conduct, handbooks, collective bargaining agreements, and individual

employee contracts.

After the investigation portion of the Grievance Process has concluded, the

Decision-Maker will endeavor to issue a determination of responsibility within

30 days, absent extenuating circumstances.

Upon receipt of a Formal Complaint, the District must provide written notice to

the parties who are known at the time that includes:

1. A copy of this Policy, which includes the District’s Grievance Process, and any informal resolution process;
2. The sexual harassment allegations, including sufficient details known at the time and with sufficient time so that parties may prepare a response before the initial interview. Sufficient details include parties involved in the incident, if known; the alleged conduct constituting sexual harassment; and the date and time of the alleged incident;
3. A statement that the Respondent is presumed not responsible for the alleged conduct;
4. A statement that a determination of responsibility is made at the Grievance
   Process’s conclusion;
5. A statement that the parties may have an advisor of their choice, who
   may be an attorney, although any attorney or advisor who is not a District
   employee will be at the party’s own cost;
6. A statement that the parties will be provided an opportunity to inspect and
   review any evidence before the investigation report is finalized; and
   If the Complainant or Respondent is a student, and the District’s Student
   Code of Conduct addresses false statements by students during an
   investigation or the disciplinary process, a citation to that portion of the Code
   of Conduct. If, during the course of an investigation, the Investigator decides
   to investigate allegations that are not included in the initial notice, the District
   will provide notice of the additional allegations to the Complainant and
   Respondent.

During the Grievance Process, after a Formal Complaint has been filed but

before a determination of responsibility has been made, the District may offer

to facilitate an informal resolution process, or either party may request the

informal resolution process. A Formal Complaint must be filed to initiate the

informal resolution process.

Informal resolution does not require a full investigation and may encompass a

broad range of conflict resolution strategies, including, but not limited to,

arbitration, mediation, or restorative justice. The Title IX Coordinator will

determine the informal resolution process that will be used, including the

person who will facilitate that process.

Informal resolution is not available for a Formal Complaint alleging that an

employee sexually harassed a student.

A party is not required to participate in an informal resolution process.

When offering informal resolution, the Title IX Coordinator must (1) provide both

parties written notice of their rights in an informal resolution; and (2) obtain

written, voluntary consent from both parties to enter into the informal resolution

process. The written notice must contain the:

1. Allegations;

The District has the burden of proof and the burden to gather evidence sufficient

to reach a determination of responsibility.

1. Investigation Process

The District will not require, allow, rely upon, or otherwise use questions or

evidence that constitute, or seek disclosure of, information protected under

a legally recognized privilege unless the person holding the privilege has

waived the privilege in writing.

The District may not access, consider, disclose, or otherwise use a party’s

medical records, including mental health records, which are made and

maintained by a healthcare provider in connection with the party’s treatment

unless the District obtains that party’s voluntary, written consent to do so for

the Grievance Process.

The Investigator must provide an equal opportunity for the parties to present

witnesses, including fact and expert witnesses, and other inculpatory or

exculpatory evidence. The Investigator cannot restrict parties from

discussing the allegations under investigation, nor can the Investigator

restrict parties from gathering or presenting relevant evidence.

Parties may be accompanied by an advisor of their choice, including an

attorney, during the Grievance Procedure. If a party chooses an advisor who

is not a District employee, the District is not responsible for any associated

costs. The Investigator or Title IX Coordinator may establish restrictions

regarding the extent to which the advisor may participate in the

proceedings, as long as the restrictions apply equally to both parties (e.g.,

abusive, disruptive behavior or language will not be tolerated; advisor will

not interrupt the investigator to ask questions of witnesses).

The Investigator must provide the date, time, location, participants, and

purpose of all hearings (if any), investigative interviews, and meetings, to a

party whose participation is invited or expected. Written notice must be

provided a sufficient time in advance so that a party may prepare to

participate.

As described in Section L of this Policy, retaliation against a person for

making a complaint or participating in an investigation is prohibited.

The Investigator must ensure that the Complainant and Respondent have

an equal opportunity to inspect and review any evidence obtained as part

of the investigation so that each party has the opportunity to meaningfully

respond to the evidence before the investigation’s conclusion. This

evidence includes (1) evidence upon which the District does not intend to

rely in reaching a determination regarding responsibility, and (2) inculpatory

or exculpatory evidence obtained from any source

Before the investigation’s completion, the Investigator must send to each

party and the party’s advisor, if any, the evidence subject to inspection and

review in an electronic format or a hard copy, and the parties must have at

least 10 calendar days to submit a written response to the Investigator. The

party’s response must be considered by the Investigator before completing

the final investigation report.

The Investigator must create an investigation report that fairly summarizes

relevant evidence and submit the investigation report to the DecisionMaker.

At least 10 calendar days before a determination of responsibility is issued,

the Investigator must send the investigation report to each party for review

and written response. Written responses to the investigation report must be

submitted directly to the Decision-Maker.

The Investigator will endeavor to complete the investigation and finalize the

report within 60 days.

The Decision-Maker cannot be the same person as the Title IX Coordinator,

Investigator, Appeals Officer, or person designated to facilitate an informal

resolution process.

Before the Decision-Maker reaches a determination of responsibility, and after

the Investigator has sent the investigation report to the parties, the Decision-Maker must:

Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant unless offered to prove that someone other than the Respondent committed the alleged misconduct, or the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.

If the Decision-Maker decides to exclude questions from either party as not

relevant, the Decision-Maker must explain the decision to the party proposing the questions.

The Decision-Maker must issue a written determination of responsibility based on a preponderance of the evidence standard (i.e., more likely than not) simultaneously to both parties. The written determination of responsibility must include:

1. Identification of the sexual harassment allegations;

1. Notification to the parties;
2. Party and witness interviews;
3. Site visits;
4. Methods used to collect evidence; and
5. Hearings held.

1. A determination of responsibility;
2. Any disciplinary action taken against the Respondent (consistent with
   Policies 4309, 4407, 4506, 4606, or 5206, as applicable, and any
   applicable codes of conduct, handbooks, collective bargaining
   agreements, or individual employee contracts); and
3. Whether remedies designed to restore and preserve equal access to the
   District’s education program or activity will be provided to the
   Complainant.

The Title IX Coordinator must dismiss a Formal Complaint if:

1. The Formal Complaint’s allegations, even if substantiated, would not
   constitute sexual harassment as defined in this Policy;
2. The Formal Complaint’s allegations did not occur in the District’s programs
   or activities; or
3. The Formal Complaint’s allegations did not occur in the United States.

The Title IX Coordinator may dismiss a Formal Complaint if:

1. The Complainant notifies the Title IX Coordinator in writing that the
   Complainant wishes to withdraw the Formal Complaint in whole or in part;
2. The Respondent’s enrollment or employment ends; or
3. Specific circumstances prevent the District from gathering evidence
   sufficient to reach a determination (e.g., several years have passed
   between alleged misconduct and Formal Complaint filing, Complainant
   refuses or ceases to cooperate with Grievance Process).

The Title IX Coordinator will promptly and simultaneously notify both parties when

a Formal Complaint is dismissed. The notice must include the reasons for

mandatory or discretionary dismissal and the right to appeal. Appeal rights are

discussed above in Subsection F(6) of this Policy.

Dismissal of a Formal Complaint under this Policy does not excuse or preclude the

District from investigating alleged violations of other policy, rule, or law, or from

issuing appropriate discipline based on the results of the investigation.

1. Providing an escort to ensure that the Complainant and Respondent can safely attend classes and school activities;
2. Offering the parties school-based counseling services, as necessary;
3. Providing the parties with academic support services, such as tutoring, as necessary;
4. Rearranging course or work schedules, to the extent practicable, to minimize contact between the Complainant and Respondent;
5. Moving the Complainant’s or the Respondent’s locker or work space;
6. Issuing a “no contact” directive between the Complainant and Respondent;
7. Providing counseling memoranda with directives or recommendations. 

1. Assemblies reminding students and staff of their obligations under this Policy and applicable handbooks;
2. Additional staff training;
3. A climate survey; or
4. Letters to students, staff, and parents/guardians reminding persons of their obligations under this Policy and applicable handbooks. 

All District employees must be trained on how to identify and report sexual 

harassment. 

Any person designated as a Title IX Coordinator, Investigator, Decision-Maker, 

Appeals Officer, or any person who facilitates an informal resolution process must 

be trained on the following: 

1. 1. The definition of sexual harassment;
   2. The scope of the District’s education programs or activities;
   3. How to conduct an investigation and the District’s grievance process, including, as applicable, hearings, appeals, and informal resolution processes; and
   4. How to serve impartially, including avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

Investigators must receive training on how to prepare an investigation report as 

outlined in Subsection F(4)(b) above, including, but not limited to, issues of 

relevance. 

Decision-Makers and Appeals Officers must receive training on issues of evidence 

and questioning, including, but not limited to, when questions about a 

Complainant’s prior sexual history or disposition are not relevant. 

Any materials used to train District employees who act as Title IX Coordinators, 

Investigators, Decision-Makers, Appeals Officers, or who facilitate an informal 

resolution process must not rely on sex stereotypes and must promote impartial 

investigations and adjudications of Formal Complaints. These training materials 

must be posted on the District’s website.